Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1244 (2026)

Affidavit; when used

✓ current as of July 2026
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An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.

Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1945–2024 · leading case: Transcanada Keystone Pipeline, LP v. Nicholas Fam. Ltd. P'ship, 299 Neb. 276 (Neb. 2018).
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Transcanada Keystone Pipeline, LP v. Nicholas Fam. Ltd. P'ship, 299 Neb. 276 (Neb. 2018). · cites it 3× “5 But as TransCanada also points out, under Neb. Rev. Stat. § 25-1244 (Reissue 2016), an affidavit is admissible in certain enumerated situations, including "motion practice," which includes the use of affidavits relating to preliminary, collateral, and interlocutory matters.”
Paw K. v. Christian G., 315 Neb. 781 (Neb. 2024). · cites it 12× “Under Neb. Rev. Stat. § 25-1244 (Reissue 2016), an affidavit is admissible in motion practice, which includes the use of affidavits relat- ing to preliminary, collateral, and interlocutory matters.”
Cullinane v. Beverly Enters.-Neb., Inc., 300 Neb. 210 (Neb. 2018). · cites it 2× “We recently set forth that "under Neb. Rev. Stat. § 25-1244 (Reissue 2016), an affidavit is admissible in certain enumerated situations, including 'motion practice,' which includes the use of affidavits relating to preliminary, collateral, and interlocutory matters.”
Williams v. Gould, Inc., 443 N.W.2d 577 (Neb. 1989). · cites it 4× “” Later, the court sustained the appellants’ objection and excluded the three affidavits offered by Lerner because the court concluded that an affidavit, in reference to disposition of a special appearance, was not permitted under Neb. Rev. Stat. § 25-1244 (Reissue 1985), which…”
Paw K. v. Christian G., 32 Neb. Ct. App. 317 (Neb. Ct. App. 2023). · cites it 5× “He argues that the court erred in sustain- ing Paw’s foundation and hearsay objections to his affidavit “because it was an affidavit, which is always admissible in support of a motion.” Brief for appellant at 18 (emphasis in original).”
Doyle v. Union Ins., 308 N.W.2d 322 (Neb. 1981). · cites it 3× “” Likewise, Neb. Rev. Stat. § 25-1244 (Reissue 1979) provides: “An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a…”
Cullinane v. Beverly Enters. - Neb., 300 Neb. 210 (Neb. 2018). · cites it 2× “”69 The Nebraska Legislature has authorized the use of affidavits to support a wide range of common civil motions.”
T. S. McShane Co. v. Dominion Constr. Co., 278 N.W.2d 596 (Neb. 1979). “See § 25-1244, R. R. S. 1943; Erdman v. National Indemnity Co.”
Erdman v. Nat'l Indem. Co., 141 N.W.2d 753 (Neb. 1966). · cites it 4× “The difficulty with plaintiff's premise is that our statute, section 25-1244, R.R.S.1943, provides: "An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a…”
TransCanada Keystone Pipeline v. Nicholas Fam., 299 Neb. 276 (Neb. 2018). · cites it 3× “5 [5] But as TransCanada also points out, under Neb. Rev. Stat. § 25-1244 (Reissue 2016), an affidavit is admissible in certain enumerated situations, including “motion practice,” which includes the use of affidavits relating to preliminary, collateral, and interlocutory matters.”
West Town Homeowners Ass'n, Inc. v. Schneider, 380 N.W.2d 265 (Neb. 1986). · cites it 2× “” Neb. Rev. Stat. § 25-1244 (Reissue 1979) provides: “An affidavit may be used .”
Nebraska State Bank & Trust Co. v. Wright, 331 N.W.2d 535 (Neb. 1983). · cites it 2× “Appellant’s assigned errors 1 and 4 urge that the two affidavits could not be considered by the court.”
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